SUPPLEMENTAL NOTICE OF NEW SECTIONS ON TRADE PRACTICES ADDED TO A NEW CHAPTER (305) OF THE ALCOHOLIC BEVERAGE CONTROL BOARD UNDER TITLE 3 OF THE ALASKA ADMINISTRATIVE CODE
ORAL HEARING
BRIEF DESCRIPTION
The Alcoholic Beverage Control Board proposes to adopt new sections covering Trade Practices to the new chapter (305) under Title 3 of the Alaska Administrative Code and add a new section on civil fines.
This is a SUPPLEMENTAL NOTICE adding to the NOTICE OF NEW SECTIONS ON TRADE PRACTICES ADDED TO A NEW CHAPTER (305) OF THE ALCOHOLIC BEVERAGE CONTROL BOARD UNDER TITLE 3 OF THE ALASKA ADMINISTRATIVE CODE issued on December 14, 2023, concerning the above-proposed revisions, contained in the Department of Law File No. 2023200110.002. The board has released this SUPPLEMENTAL NOTICE to advise the public that the board will take oral testimony at an oral hearing on the proposed new sections. Only oral comments will be accepted at the hearing. The oral hearing will be held during the Board Meeting on January 29, 2024, beginning at 10:00 am and located at 333 Willoughby Avenue, 9th Floor, Conference Room A, in Juneau, AK 99801. Please prepare to share your oral comments in person, by telephone, or Zoom only. You may join the meeting online via Zoom virtual platform; https://amco-alaska-gov.zoom.us/j/88358680726?pwd=iX2hZkBgUte3b7lhUlcShzu6MpE0wB.1 or by entering Meeting ID 883 5868 0726 and Access Code 847101 on the Zoom app. You may also participate via teleconference by calling +1 (719) 359 4580 or +1 (669) 900-6833 and entering the Meeting ID and Code noted above.
The Alcoholic Beverage Control Board proposes to adopt new sections covering Trade Practices added to the new chapter (305) under Title 3 of the Alaska Administrative Code and add a new section on civil fines, including the following:
- 3 AAC 305.500. This new section covers trade practice prohibitions as laid out at AS 04.16.017.
- 3 AAC 305.510. This new section outlines and clarifies the prohibition against operating a tied house.
- 3 AAC 305.515. This new section outlines exceptions to tied house prohibitions.
- 3 AAC 305.520. This new section outlines and clarifies the prohibition against operating as an exclusive outlet.
- 3 AAC 305.525. This new section outlines clarifies practices not considered commercial bribery.
- 3 AAC 305.530. This new section outlines exceptions to consignment sales prohibitions.
- 3 AAC 305.540. This new section establishes and outlines administrative penalties.
- 3 AAC 305.550. This section prohibits adulteration, misbranding and false advertising of alcoholic beverages and requires that a licensee, when selling or serving an alcoholic beverage made with a wine product rather than a distilled beverage, disclose that the alcoholic beverage is ‘wine based’.
- 3 AAC 305.560. This section prohibits a licensee from setting a period of time during the day that alcoholic beverages can be sold or delivered that is less than the hours that the licensed premises is open to the general public.
- 3 AAC 305.590. Definitions section.
- 3 AAC 305.880 This is a proposed new section to be added to the article entitled Enforcement; Civil Penalties. It outlines the metric the board will use to determine civil fines for violations of trade practices.
As a reminder, you may comment on the proposed regulations, including the potential costs to private persons of complying with the proposed regulations, by submitting written comments to Alcohol and Marijuana Control Office at 550 W. 7th Avenue, Suite 1600, Anchorage, Alaska, 99501. Additionally, the Alcoholic Beverage Control Board will accept comments by electronic mail at amco.regs@alaska.gov. Written comments may also be submitted through the Alaska Online Public Notice System, by accessing the notice posted on December 14, 2023, with the Department of Law File No. 2023200110.002 on the system at http://notice.alaska.gov/213589 and using the comment link. The comments must be received not later than 4:30 on January 26, 2024.
If you are a person with a disability who needs a special accommodation in order to participate in this process, please contact Kristina Serezhenkov at amco.regs@alaska.gov or at 907-269-0359 not later than January 18, 2024 to ensure that any necessary accommodations can be provided.
A copy of the proposed regulations is available on the Alaska Online Public Notice System and by contacting the Alcohol and Marijuana Control Office at amco.regs@alaska.gov.
Statutory authority: AS 04.06.090; AS 04.06.100; AS 04.16.015; AS 04.16.017
Statutes being implemented, interpreted, or made specific: AS 04.06.090; AS 04.06.100; AS 04.16.015; AS 04.16.017
Fiscal information: The proposed regulation changes are not expected to require an increased appropriation.
Date: 1/11/2024
Kristina Serezhenkov
Regulations Specialist